A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2012, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the District Court of Jung-gu on August 22, 2012.

On December 30, 2019, at around 22:05, the Defendant driven a seeable car with a blood alcohol concentration of about 0.072% in the section of approximately 200 meters from the 200 meters to the front of the Hanam-si road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry report (A), investigation report (Attachment to a summary order of the same kind of case), and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The defendant who has been sentenced to punishment has been punished for a violation of the Road Traffic Act around 2012.

The distance between the previous punishment force and the previous punishment force shall not be more than seven years.

It cannot be said that the blood alcohol concentration in the instant case is 0.072% and is low.

Considering the equity in other similar cases, all of the facts that the defendant does not repeat the crime, that there are family members to support, and that the driving distance is 200 meters higher.

Even if the defendant choose the imprisonment, the defendant should choose the imprisonment.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.